Shiva & Ors. vs State (Nct Of Delhi) & Anr.

Manoj Jain, J

Petitioners herein seek quashing of FIR No. 62/2022 dated 12.01.2022, registered at Police Station Adarsh Nagar for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

The marriage between complainant (respondent No.2 herein) and petitioner No.1 was solemnized on 11.11.2016, as per Hindu rites and customs. They were blessed with two daughters from the abovesaid wedlock. 3. However, on account of temperamental differences, the parties started residing separately and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.

Charge-sheet has already been filed but charges are yet not ascertained. 5. With the intervention of common friends  and relatives,  parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 18.03.2025 and have been able to resolve all their disputes and have decided to part ways, gracefully. The custody of the elder daughter would remain with the father and younger daughter would remain with the mother, with monthly visitation rights as per the terms of the MoU.

It is in the abovesaid backdrop that quashing is being sought.

Respondent no. 2 is present in person along with her father and she has been duly identified by Investigating Officer, who is present in Court.

When asked, respondent No. 2 reiterates the terms of abovesaid settlement. She also submits that there is already a divorce between them by way of mutual consent on 30.08.2025. She states that she has agreed to accept a total sum  of Rs. 4,50,000/- as full and final settlement in lieu of istridhan, alimony, maintenance for self (past, present and future). She submits  that  she  has  already  received  the  abovesaid  amount  as  well  as  her istridhan  articles as described in  mediation proceedings.  She states  that she has entered into the abovesaid settlement out of her own free will, without any coercion and influence from any corner whatsoever and therefore, she would have‘no objection’if FIR in question is quashed.

The next date before the learned Trial Court is stated to be 27.04.2026. 10. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case,  even  the  complainant  does  not  wish  to  press  any  charges  against  the petitioners.

Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

Consequently, to secure the ends of justice, FIR No. 62/2022 dated 12.01.2022, registered at Police Station Adarsh Nagar for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners depositing total cost of Rs. 15,000 with Rohini Court Bar Association within four weeks from today. Proof of deposit of cost along with original affidavits and MoU of the parties, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court on the next date of hearing, so that these become part of Trial Court Record.

The petition stands disposed of in aforesaid terms.

Pending applications also stand disposed of in aforesaid terms.